Fair Work Convention Construction Industry Inquiry report: SG response

Equality, Diversity and Inclusion

22 – Skills and Future Workforce

FWC Recommendation 22

Scottish Government, through the Construction Leadership Forum, should convene a working group that includes employers, trade associations/federations, trade unions, SDS and CITB to address skills and labour shortages and future labour needs in the industry and to promote the opportunities that exist within the industry. This group should aim to:

• Work with employers to identify a pipeline of vacancies and future skills needs;
• Define clear skills pathways required to support the transition to a net zero economy, including workers who are changing careers;
• Work to ensure clear recruitment processes and platforms are available to employers and support employers to access them;
• Create dedicated advertising campaigns encouraging young people and older workers to consider careers in the industry;
• Take action to improve diversity in the industry building on good practice examples such as at Glasgow City Building and Royal Strathclyde Blindcraft Industries.

SG Response

Status: Accepted

Response:

The Construction Leadership Forum’s refreshed Skills and Workforce working group has been convened under new leadership and asked to consider this.

The outcome of this work will impact upon skills provision for Just Transition to Net Zero.

Implementation / Progress:

After consultation, the CLF Transformation Action Plan was published in January 2024. Working Groups will action priority work areas from then on.

23 – Bullying and Harassment in the Workplace

FWC Recommendation 23

Employers should support a zero tolerance approach to bullying and harassment at the workplace protecting workers from adverse treatment and employers from potential liability. Embedding a safe culture for reporting must come from the top of the organisation. Employers of all sizes must focus on:

• their internal procedures by providing clear and transparent reporting mechanisms, processes for investigation and management training to identify and take seriously issues of bullying and harassment.
• encouraging and supporting workers to raise any concerns, without fear of retribution.
• ensuring that no detriment arises for workers who raise concerns.
• highlighting external support mechanisms like collective agreements or dispute mechanisms.

SG Response

Status: Not for Scottish Government

Response:

This recommendation is for construction employers to take forward, and is very much in harmony with the emphasis on fair work in the Construction Accord.

24 – Combatting Isolation at Work

FWC Recommendation 24

Unions should provide support mechanisms and dedicated networks for under-represented groups in construction to combat the isolation that workers can feel at work or on training schemes. Employers, trade associations and other relevant actors should signpost to these networks and any dedicated officers who can offer support.

SG Response

Status: Not for Scottish Government

Response:

This recommendation is for trade unions to take forward. Signposting networks can also be done via the Construction Leadership Forum.

25 – Slavery and Human Trafficking

FWC Recommendation 25

Contracting authorities should require participation in the Gangmaster’s Labour Abuse Authority’s (GLAA) construction protocol within large scale procurement projects

SG Response

Status: Accept in principle

Response:

The GLAA only covers England and Wales so it would not be appropriate to adopt the protocol directly, however we recognise the importance of the principles within the protocol, and we are assessing how best to ensure our current policies reflect best practice in this area.

Existing policy and legislation allows for exclusion on the basis of breaches of social, environmental and employment laws. Model clauses to help public bodies to make use of this facility are available in SPPN 9/2016 and our latest position on procurement and human rights is outlined in SPPN 3/2020. Both of these are being reflected in updates to guidance on Fair Work and procurement.

Implementation / Progress:

The Slavery and Human Trafficking Statement was published on 12 December 2023, it outlines the strategies and actions taken by the Scottish Government to identify, prevent and mitigate slavery and human trafficking in our own operations and supply chains.